Benefits, Choices and Titles
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If rights can take such different forms, what is it that makes them all ‘rights’? In virtue of what do laws and other sorts of rules give rise to rights? People have generally divided into two schools of thought in answering these questions. On the one hand, there is the ‘benefit’ or ‘interest’ theory of rights; on the other, there is the ‘choice’ or ‘will’ theory. The difference between the two is best explained by returning to the issue of ‘correlativity’. We have seen that claim-rights entail correlative duties but that other sorts of rights do not. But what about the obverse relation? Do duties always entail correlative rights? If not, what distinguishes duties that are paired with rights from those that are not?
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